1. ) Nur Zafirah binti Bazaredi 2. ) Norliza binti Mat Hassan v 1. ) Pengarah Jabatan Kerja Raya Negeri Terengganu 2. ) Jabatan Kerja Raya Malaysia 3. ) Kerajaan Malaysia 4. ) Roadcare (M) Sdn. Bhd.
Catchwords
Tort – Negligence – Duty of care – Road accident – Tree falling onto federal road – Whether public works department and government liable for failing to maintain or remove dangerous tree within federal road reserve – Whether local authority's statutory powers to trim trees displace federal landowner's common law duty of care – Whether doctrine of res ipsa loquitur applicable Tort – Negligence – Res ipsa loquitur – Conditions for application – Tree under exclusive control of defendant authority – Accident of kind not occurring without negligence – Burden of proof shifting to defendant – Failure to provide exculpatory evidence – Inference of negligence drawn Civil Procedure – Res judicata – Issue estoppel – Prior striking out of local authority on ground tree located on federal land – Whether JKR and government estopped from arguing local authority was responsible – Effect of final judicial determination on same issue Tort – Negligence – Concessionaire – Privatisation agreement – Express exclusion of landscaping works from scope of duties – Whether concessionaire liable for tree maintenance – Contractual duties not extending to third party road users Damages – Assessment – Personal injury and fatal accident – Quantum – Special damages – General damages for pain and suffering – Loss of dependency – Bereavement – Multiplicand and multiplier – Whether assessment by Sessions Court Judge fair and reasonable Evidence – Burden of proof – Balance of probabilities – Failure to call expert witness (arborist) – Whether adverse inference drawn – Effect where res ipsa loquitur applies
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-12b-8-04-2025)